HomeMy WebLinkAboutO-14073opCity of Miami
Ordinance 14073
�a�l111 II li.RR �I +
Legislation
File Number: 6532
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE
ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl", CIVIC INSTITUTION
TRANSECT ZONE, TO "76-3613-0", URBAN CORE TRANSECT ZONE — OPEN;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") owns the properties located at approximately 444
and 460 Southwest 2 Avenue, as more particularly described in Exhibit "A", attached and
incorporated ("Property"); and
WHEREAS, the Property is currently zoned "Cl," Civic Institution Transect Zone, on the
Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, the City submitted a request to change the zoning classification of the
Property from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core Transect Zone —
Open; and
WHEREAS, the City submitted a companion application to change the Future Land Use
Map ("FLUM") designation of the Property on the Miami Comprehensive Neighborhood Plan
("MCNP") from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Restricted
Commercial and
WHEREAS, the Property is comprised of two (2) parcels totaling approximately 3.15
acres (137,125 square feet) and is located on the west side of Southwest 2 Avenue between the
Miami River and Southwest 3 Street; and
WHEREAS, the Property currently has a ten (10) story office building and a seven (7)
level parking garage which has functioned as the City's administrative facility building since
1994; and
WHEREAS, the Property is in the Urban Central Business District ("UCBD"), the urban
core of the City, and a Transit Oriented Development ("TOD") area due to its proximity to the
Third Street and Riverwalk Metromover Stations and the Government Center Metrorail Station;
and
WHEREAS, this area of the Urban Core has rapidly transitioned from Industrial to
Commercial and Residential Uses, which is evident from the development of the large mixed -
use projects located in close proximity to the Property; and
City of Miami Page 1 of 4 File ID: 6532 (Revision:) Printed On: 6/29/2022
File ID: 6532 Enactment Number: 14073
WHEREAS, the City determined the highest and best use of the Property was no longer
governmental use; and
WHEREAS, on February 2, 2016, the Applicant issued an Offering Memorandum to sell
or lease the Property and a Request for Proposals for the development of a new City
administrative facility building; and
WHEREAS, on December 8, 2016, the City Commission selected private developer
Lancelot as the most responsive and responsible proposer to develop the Property; and
WHEREAS, in November 2018, a Special Election was held in the City and voters
overwhelmingly affirmed the referendum question for the sale or lease of the Property pursuant
to the Charter of the City of Miami, Florida, as amended; and
WHEREAS, the Applicant is rezoning the Property as a part of the real estate
transaction; and
WHEREAS, Article 7, Section 7.1.2.8. of the Miami 21 Code provides that a change to
the Miami 21 Atlas may be made only to a lesser Transect Zone, within the same Transect Zone
to a greater or lesser intensity, or to the next higher Transect Zone and shall maintain the goals
of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and
Building Height; and
WHERAS, pursuant to Article 7, Section 7.1.2.8(a)(1) of the Miami 21 Code,
successional rezoning of properties zoned "Cl", Civic Institution Transect Zone, is determined by
identifying the lowest Intensity Abutting Transect Zone and rezoning to that Transect Zone's
next higher Intensity Zone; and
WHEREAS, the Property is bordered to the north by a vacant parcel zoned 76-36b-O",
Urban Core Transect Zone — Open; to the east by a Florida Power and Light (TPL") substation
zoned "Cl," Civic Institution Transect Zone; to the west by 1-95; and to the south by properties
zoned T3," Waterfront Industrial, and 76-36b-O," Urban Core Transect Zone — Open, with
Miami River Special Area Plan ("SAP") overlay and physically separated from the Property by
the Miami River; and
WHEREAS, the Miami River acts as a natural barrier between the Brickell neighborhood
and the River Quadrant; and
WHEREAS, the lowest Intensity Abutting Transect Zone to the Property is 76-36b-O,"
Urban Core Transect Zone - Open; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8(a)(3) of the Miami 21 Code, the 76-
36b-O," Urban Core Transect Zone - Open's, next intensity Transect Zone is 76-60b," Urban
Core Transect Zone; and
WHEREAS, the City is requesting rezoning to 76-36b-O," Urban Core Transect Zone —
Open, to unify the area under a common Transect Zone; and
WHEREAS, the City's Planning Department reviewed the application and found that the
proposed zoning change from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core
City of Miami Page 2 of 4 File ID: 6532 (Revision:) Printed on: 6/29/2022
File ID: 6532 Enactment Number: 14073
Transect Zone — Open, is successional and would yield the most coherent development pattern
given the adjacent neighborhood and current zoning context; and
WHEREAS, the City's Planning Department recommends approval of the rezoning
application; and
WHEREAS, the requested change in zoning furthers the goals and objectives of the
MCNP, which seek to create mixed -use neighborhood centers near transit due to the Property's
proximity to the Third Street and Riverwalk Metromover Stations, the Government Center
Metrorail Station, and the Southwest 2 Avenue Transit Corridor; and
WHEREAS, the requested change in zoning furthers the goals of the Miami 21 Code
centered on focused growth around transit nodes and preservation of neighborhoods through
transitions in intensity and building height; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 18, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-
19-044 by a vote of six to one (6-1), Item No. PZAB.4, recommending approval of the
amendment to rezone the Property from "Cl", Civic Institution Transect Zone, to 76-36b-O",
Urban Core Transect Zone — Open; and
WHEREAS, PZAB reviewed the letter from the Miami River Commission dated
September 18, 2019, which was submitted into the record during the PZAB public hearing and
strongly supports the following recommendations:
1) Full compliance with Section 3.11 of the Miami 21 Code, i.e. fifty foot (50) building
setback from the water, twenty-five foot (25) wide public Riverwalk featuring a
minimum fifteen foot (15) wide unobstructed circulation zone, view corridors, etc.;
2) Maintain existing boat access;
3) Consider coastal flooding in design using data from the City; and
4) Inspect seawall and construct new seawall as needed; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
Neighborhoods and to provide transitions in intensity and Building Height; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to
approve this amendment to the Miami 21 Code Zoning Atlas as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 3 of 4 File ID: 6532 (Revision:) Printed on: 6/29/2022
File ID: 6532
Enactment Number: 14073
Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning
classification from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core Transect
Zone — Open, of the Property, as more particularly described in "Exhibit A", attached and
incorporated.
Section 3. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word 'ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof pursuant and subject to Section 163.3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor iey 10/712019
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 6532 (Revision:) Printed on: 612912022